United States v. Berri

Opinion of the Court

COX, Judge:

The issue before us on certification by the General Counsel, Department of Transportation, concerns the correctness of the Court of Military Review’s determination that certain psychiatric testimony adduced by the defense should have been considered by the factfinders on the question of the accused’s “specific intent.” Art. 67(a)(2), Uniform Code of Military Justice, 10 USC § 867(a)(2)(1989). We hold that the Court of Military Review did not err, and we affirm.

I

The accused was convicted of attempted murder, maiming, and assault intentionally inflicting grievous…